[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Notices]
[Pages 13767-13771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06659]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
Filing Procedures for Employment Authorization and Automatic
Extension of Existing Employment Authorization Documents for Eligible
Liberians Before Period of Deferred Enforced Departure Ends
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice.
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SUMMARY: On March 27, 2018, President Trump issued a memorandum to the
Secretary of Homeland Security (Secretary), Kirstjen M. Nielsen,
directing her to implement for eligible Liberians a 12-month deferred
enforced departure (DED) wind-down period and to provide for work
authorization through March 31, 2019, upon which date DED will end.
This 12-month transitional period of DED will allow impacted
individuals to arrange for their departure from the United States. This
Notice automatically extends DED-related employment authorization
documents (EADs) that have a printed expiration date of March 31, 2018,
for an additional 6 months through September 30, 2018, for eligible
Liberians. This Notice also provides instructions for eligible
Liberians on how to apply for the full 12-month period of employment
authorization, through March 31, 2019. USCIS will issue new employment
authorization documents (EADs) with a March 31, 2019 expiration date to
eligible Liberians who are covered by DED under the Presidential
Memorandum of March 27, 2018, and who apply for a new EAD. Given the
timeframes involved with processing EAD applications, DHS recognizes
that not all DED-eligible Liberians will receive new EADs before their
current EADs expire on March 31, 2018. Accordingly, through this
Notice, DHS also automatically extends the validity of DED-related EADs
for 6 months, through September 30, 2018, and explains how Liberians
covered under DED and their employers may determine which EADs are
automatically extended and how this impacts the Employment Eligibility
Verification (Form I-9) and E-Verify processes.
DATES: The 12-month transitional DED period ends on March 31, 2019. The
6-month automatic extension of DED-related EADs, as specified in this
Notice, expires on September 30, 2018.
FOR FURTHER INFORMATION CONTACT:
For further information on DED, including additional
information on eligibility, please visit the USCIS DED web page at
http://www.uscis.gov/humanitarian/temporary-protected-status/deferred-enforced-departure. You can find specific information about DED for
Liberians by selecting ``DED Granted Country: Liberia'' from the menu
on the left of the DED web page.
You can also contact Samantha Deshommes, Chief, Regulatory
Coordination Division, Office of Policy and Strategy, U.S. Citizenship
and
[[Page 13768]]
Immigration Services, Department of Homeland Security, 20 Massachusetts
Avenue NW, Washington, DC, 20529-2060; or by phone at 800-375-5283.
Note: The phone number provided here is solely for questions
regarding this Notice. It is not for individual case status
inquiries.
If you have additional questions about DED, please visit
uscis.gov/tools. Our online virtual assistant, Emma, can answer many of
your questions and point you to additional information on our website.
If you are unable to find your answers there, you may also reach out to
our USCIS Contact Center at 1-800-375-5283 (TTY 1-800-767-1833).
Service is available in English and Spanish.
Applicants seeking information about the status of their
individual cases can check Case Status Online, available at the USCIS
website at http://www.USCIS.gov, or call the USCIS Contact Center at 1-
800-375-5283.
Further information will also be available at local USCIS
offices upon publication of this Notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
DED--Deferred Enforced Departure
DHS--Department of Homeland Security
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
IER--U.S. Department of Justice Civil Rights Division, Immigrant and
Employee Rights Section
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
Presidential Memorandum Extending DED for Eligible Liberians
Pursuant to the President's constitutional authority to conduct the
foreign relations of the United States, President Trump has concluded
that foreign policy considerations do not warrant a further extension
of DED for Liberians. However, the President determined that foreign
policy interests of the United States warrant affording a 12-month
wind-down period to Liberian DED beneficiaries. The President concluded
that the wind-down period is appropriate to provide Liberia's
government with time to reintegrate its returning citizens and to allow
DED beneficiaries who are not eligible for other forms of immigration
relief to make necessary arrangements and to depart the United States.
The President accordingly directed that current Liberian DED
beneficiaries who remain eligible for DED be provided DED for a 12-
month wind-down period in order to transition and depart the United
States. Note that DED only applies to individuals who have continuously
resided in the United States since October 1, 2002, and who held
Temporary Protected Status (TPS) on September 30, 2007, the date that a
former TPS designation of Liberia terminated. The 12-month transitional
period will permit individuals covered by DED to arrange for their
departure, or seek an alternative lawful immigration status in the
United States, if eligible, before DED ends on March 31, 2019. See
Presidential Memorandum for the Secretary of State and the Secretary of
Homeland Security (Mar. 27, 2018), available at https://www.whitehouse.gov/presidential-actions/presidential-memorandum-secretary-state-secretary-homeland-security/. The President also
directed the Secretary to implement the necessary steps to authorize
employment authorization for eligible Liberians for 12 months, through
March 31, 2019.
Employment Authorization and Filing Requirements
How will I know if I am eligible for employment authorization under the
Presidential Memorandum that provided a 12-month transitional DED
period for eligible Liberians?
The procedures for employment authorization in this Notice apply
only to individuals who are Liberian nationals (and persons without
nationality who last habitually resided in Liberia) who:
Have continuously resided in the United States since
October 1, 2002; and
Are current Liberian DED beneficiaries.
The above eligibility criteria are described in the Presidential
Memorandum. Only individuals who held TPS on September 30, 2007, the
date that a former TPS designation of Liberia terminated, are eligible
for DED under this extension, provided they have continued to meet all
other eligibility criteria established by the President. This DED
extension does not include any individual:
Who would be ineligible for TPS for the reasons set forth
in section 244(c)(2)(B) of the Immigration and Nationality Act, 8
U.S.C. 1254a(c)(2)(B);
Whose removal the Secretary determines is in the interest
of the United States;
Whose presence or activities in the United States the
Secretary of State has reasonable grounds to believe would have
potentially serious adverse foreign policy consequences for the United
States;
Who has voluntarily returned to Liberia or his or her
country of last habitual residence outside the United States;
Who was deported, excluded, or removed prior to March 27,
2018; or
Who is subject to extradition.
What will I need to file if I am covered by DED and would like to have
evidence of employment authorization?
If you are covered under DED for Liberia, and would like to
maintain evidence of your employment authorization throughout the 12-
month transitional period of DED, you must apply for an EAD by filing
an Application for Employment Authorization (Form I-765). USCIS will
begin accepting these applications on March 30, 2018. Although this
Notice automatically extends DED-related EADs that have a printed
expiration date of March 31, 2018, for an additional 6 months through
September 30, 2018, if you would like evidence of your continued
employment authorization through March 31, 2019, you must file an
Application for Employment Authorization (Form I-765) as soon as
possible to avoid gaps in evidence of work authorization. Please
carefully follow the Application for Employment Authorization (Form I-
765) instructions when completing the application for an EAD. When
filing the Application for Employment Authorization (Form I-765), you
must:
Indicate that you are eligible for DED by putting
``(a)(11)'' in response to Question 16 on Application for Employment
Authorization (Form I-765);
Include a copy of your last Notice of Action (Form I-797)
showing that you were approved for TPS as of September 30, 2007, if
such copy is available. Please note that evidence of TPS as of
September 30, 2007, is necessary to show that you were covered under
the previous DED for Liberia through March 31, 2018; and
Submit the fee for the Application for Employment
Authorization (Form I-765).
The regulations require individuals covered under DED who request
an EAD to pay the fee prescribed in 8 CFR 103.7 for the Application for
Employment Authorization (Form I-765). See also 8 CFR 274a.12(a)(11)
(employment authorization for DED-covered aliens); and 8 CFR 274a.13(a)
(requirement to file EAD application if EAD desired). If you are unable
to pay the fee, you may apply for an application fee waiver by
completing a Request for Fee Waiver
[[Page 13769]]
(Form I-912) or submitting a personal letter requesting a fee waiver,
and providing satisfactory supporting documentation.
How will I know if USCIS will need to obtain biometrics?
If biometrics are required to produce the secure EAD, you will be
notified by USCIS and scheduled for an appointment at a USCIS
Application Support Center.
Where do I submit my completed Application for Employment Authorization
(Form I-765)?
Mail your completed Application for Employment Authorization (Form
I-765) and supporting documentation to the proper address in Table 1.
Table 1--Mailing Addresses
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If . . . Mail to . . .
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You are applying through the U.S. USCIS, Attn: DED Liberia, P.O.
Postal Service. Box 6943, Chicago, IL 60680-
6943.
You are using a non-U.S. Postal Service USCIS, Attn: DED Liberia, 131
delivery service. S. Dearborn 3rd Floor,
Chicago, IL 60603-5517.
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Can I file my Application for Employment Authorization (Form I-765)
electronically?
No. Electronic filing is not available when filing Application for
Employment Authorization (Form I-765) based on DED.
May I request an interim EAD at my local USCIS office?
No. USCIS will not issue interim EADs to individuals eligible for
DED under the Presidential Memorandum at local offices.
Am I eligible to receive an automatic 6-month extension of my current
EAD through September 30, 2018?
You are eligible for an automatic 6-month extension of your EAD if
you are a national of Liberia (or a person having no nationality who
last habitually resided in Liberia), you are currently covered by
Liberian DED, and you are within the class of persons approved for DED
by the President.
This automatic extension covers EADs (Forms I-766) bearing an
expiration date of March 31, 2018. These EADs must also bear the
notation ``A-11'' on the face of the card under ``Category.''
When hired, what documentation may I show to my employer as proof of
employment authorization and identity when completing Employment
Eligibility Verification (Form I-9)?
You can find a list of acceptable document choices on the ``Lists
of Acceptable Documents'' for Form I-9. You can find additional
detailed information on the USCIS I-9 Central web page at http://www.uscis.gov/I-9Central. Employers are required to verify the identity
and employment authorization of all new employees by using Form I-9.
Within 3 days of hire, an employee must present proof of identity and
employment authorization to his or her employer.
From the Lists of Acceptable Documents, you may present any
document from List A (reflecting both your identity and employment
authorization), or one document from List B (reflecting identity)
together with one document from List C (reflecting employment
authorization). You may also present an acceptable receipt for List A,
List B, or List C documents as described in the Form I-9 Instructions.
An EAD is considered an acceptable document under List A. Employers may
not reject a document based on a future expiration date.
If your EAD has an expiration date of March 31, 2018, and states
``A-11'' under ``Category,'' it has been extended automatically for 6
months consistent with the President's directive and the issuance of
this Federal Register Notice. You may choose to present your EAD to
your employer as proof of identity and employment authorization for
Form I-9 through September 30, 2018. (See the subsection titled ``How
do my employer and I complete the Employment Eligibility Verification
(Form I-9) using an automatically extended EAD for a new job?'' for
further information). To minimize confusion over this extension at the
time of hire, you may also show your employer a copy of this Federal
Register Notice confirming the extension of your employment
authorization through September 30, 2018.
What documentation may I show my employer if I am already employed but
my current DED-related EAD is set to expire?
Even though EADs with an expiration date of March 31, 2018, that
state ``A-11'' under ``Category'' have been automatically extended for
6 months by virtue of this Federal Register Notice, your employer is
required by law to ask you about your continued employment
authorization by September 30, 2018, to meet its responsibilities for
Form I-9 compliance. You should explain to your employer that USCIS has
automatically extended your EAD through September 30, 2018. Your
employer may need to reinspect your automatically extended EAD to check
the expiration date and category and to record the updated expiration
date on your Form I-9 if he or she did not keep a copy of this EAD when
you initially presented it. However, your employer does not need a new
document to reverify your employment authorization until September 30,
2018, the expiration date of the automatic extension. Instead, you may
and your employer should make corrections to the employment
authorization expiration dates in Section 1 and Section 2 of Form I-9
(see the subsection titled ``What corrections should my current
employer and I make to Employment Eligibility Verification (Form I-9)
if my EAD has been automatically extended?'' for further information).
In addition, you may also show this Federal Register Notice to your
employer to explain what to do for Form I-9.
Your employer must reverify your employment authorization no later
than the date your work authorization expires on September 30, 2018
(the expiration date of the automatic extension). At that time, you
must present any document from List A or any document from List C on
Form I-9 to reverify employment authorization, or an acceptable List A
or List C receipt described in the Form I-9 Instructions. Your employer
should complete either Section 3 of the Form I-9 originally completed
for you or, if this Section has already been completed or if the
version of Form I-9 has expired (check the date in the upper right-hand
corner of the form), complete Section 3 of a new Form I-9 of the most
current version. Note that employers may not specify which List A or
List C document employees must present, and cannot reject an acceptable
receipt.
Can my employer require that I produce any other documentation to prove
my status, such as proof of my Liberian citizenship?
No. When completing Form I-9, including re-verifying employment
authorization, employers must accept any documentation that appears on
the Form I-9 ``Lists of Acceptable Documents'' that reasonably appears
to be genuine and that relates to you, or an acceptable List A, List B,
or List C receipt. Employers may not request additional documentation
that does not appear on the Lists of Acceptable Documents. Therefore,
employers may
[[Page 13770]]
not request proof of Liberian citizenship when completing Form I-9 for
new hires, making corrections, or reverifying the employment
authorization of current employees. If presented with EADs that have
been automatically extended, employers should accept such EADs as valid
List A documents so long as the EADs reasonably appear to be genuine
and to relate to the employee. Refer to the Note to Employees section
of this Notice for important information about your rights if your
employer rejects lawful documentation, requires additional
documentation, or otherwise discriminates against you based on your
citizenship or immigration status, or your national origin.
What happens after September 30, 2018, for purposes of employment
authorization?
After September 30, 2018, employers may no longer accept the EADs
that were issued under the previous DED extension of Liberia that this
Federal Register Notice automatically extended. Before that time,
however, USCIS will endeavor to issue new EADs to eligible individuals
covered by DED who request them. These new EADs will have an expiration
date of March 31, 2019, and can be presented to your employer for
completion of Employment Eligibility Verification (Form I-9).
Alternatively, you may choose to present any other legally acceptable
document or combination of documents listed on the Lists of Acceptable
Documents for Employment Eligibility Verification (Form I-9).
How do my employer and I complete Employment Eligibility Verification
(Form I-9) using an automatically extended EAD for a new job?
When using an automatically extended EAD to complete Form I-9 for a
new job on or before September 30, 2018, you and your employer should
do the following:
1. For Section 1, you should:
a. Check ``An alien authorized to work until'' and enter September
30, 2018, as the expiration date; and
b. Write your Alien Registration Number/USCIS Number where
indicated (your EAD or other document from DHS will have your USCIS
number or A-Number printed on it; the USCIS Number is the same as your
A-Number without the A prefix).
2. For Section 2, employers should:
a. Determine if the EAD is auto-extended for 6 months by ensuring
it is in category A-11 and has a March 31, 2018 expiration date;
b. Write in the Document Title;
c. Enter the issuing Authority;
d. Provide the Document Number; and
e. Insert September 30, 2018, the automatically extended EAD
expiration date.
No later than the date work authorization expires on September 30,
2018, employers are required by law to reverify the employee's
employment authorization in Section 3 of Form I-9.
What corrections should my current employer and I make to Employment
Eligibility Verification (Form I-9) if my EAD has been automatically
extended?
If you are an existing employee who presented a DED-related EAD
that was valid when you first started your job, but that EAD has now
been automatically extended, your employer may need to reinspect your
automatically extended EAD if your employer does not have a copy of the
EAD on file. You may and your employer should correct your previously
completed Form I-9 as follows:
1. For Section 1, you should:
a. Draw a line through the expiration date;
b. Write ``September 30, 2018'' above the previous date;
c. Write ``DED Ext.'' in the margin of Section 1; and
d. Initial and date the correction in the margin of Section 1.
2. For Section 2, employers should:
a. Determine if the EAD is auto-extended for 6 months by ensuring:
It is in category A-11; and
Has an expiration date of September 30, 2018.
b. Draw a line through the expiration date written in Section 2;
c. Write ``September 30, 2018'' above the previous date;
d. Write ``DED Ext.'' in the margin or Additional Information field
in Section 2; and
e. Initial and date the correction in the margin or Additional
Information field in Section 2.
No later than the date work authorization expires on September 30,
2018, employers are required by law to reverify the employee's
employment authorization in Section 3.
If I am an employer enrolled in E-Verify, what do I do when I receive a
``Work Authorization Documents Expiring'' alert for an automatically
extended EAD?
E-Verify has automated the verification process for employees whose
DED was automatically extended in a Federal Register Notice. If you
have an employee covered under DED who provided a DED-related EAD when
he or she first started working for you, you may receive a ``Work
Authorization Documents Expiring'' case alert when the auto-extension
period for this EAD is about to expire. No later than the date work
authorization expires on September 30, 2018, you are required by law to
reverify employment authorization in Section 3 of Form I-9. Employers
should not use E-Verify for reverification.
Note to All Employers
Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Notice does not
supersede or in any way limit applicable employment verification rules
and policy guidance, including those rules setting forth reverification
requirements. For general questions about the employment eligibility
verification process, employers may call USCIS at 888-464-4218 (TTY
877-875-6028) or email USCIS at [email protected]. Calls and emails
are accepted in English and many other languages. For questions about
avoiding discrimination during the employment eligibility verification
process (Form I-9 and E-Verify), employers may call the U.S. Department
of Justice's Civil Rights Division, Immigrant and Employee Rights
Section (IER) (formerly the Office of Special Counsel for Immigration-
Related Unfair Employment Practices) Employer Hotline at 800-255-8155
(TTY 800-237-2515). IER offers language interpretation in numerous
languages. Employers may also email IER at [email protected].
Note to Employees
For general questions about the employment eligibility verification
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or
email at [email protected]. Calls are accepted in English, Spanish and
many other languages upon request. Employees or applicants may also
call the IER Worker Information Hotline at 800-255-7688 (TTY 800-237-
2515) for information regarding employment discrimination based upon
citizenship, immigration status, or national origin, including
discrimination related to Form I-9 and E-Verify. The IER Worker
Information Hotline provides language interpretation in numerous
languages.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee,
[[Page 13771]]
or an acceptable List A, List B, or List C receipt described in the
Form I-9 Instructions. Employers may not require extra or additional
documentation beyond what is required for Form I-9 completion. Further,
employers participating in E-Verify who receive an E-Verify case result
of ``Tentative Nonconfirmation'' (TNC) must promptly inform employees
of the TNC and give such employees an opportunity to contest the TNC. A
TNC case result means that the information entered into E-Verify from
Form I-9 differs from Federal or State government records.
Employers may not terminate, suspend, delay training, withhold pay,
lower pay, or take any adverse action against an employee based on the
employee's decision to contest a TNC or because the case is still
pending with E-Verify. A case result of Final Nonconfirmation (FNC) is
received when E-Verify cannot confirm an employee's employment
eligibility. An employer may terminate employment based on a case
result of FNC. Work-authorized employees who receive an FNC may call
USCIS for assistance at 888-897-7781 (TTY is at 877-875-6028). For more
information about E-Verify-related discrimination or to report an
employer for discrimination in the E-Verify process based on
citizenship, immigration status, or national origin, contact IER's
Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional
information about proper nondiscriminatory Form I-9 and E-Verify
procedures is available on the IER website at https://www.justice.gov/ier and the USCIS website at http://www.dhs.gov/E-verify.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
While Federal Government agencies must follow the guidelines laid
out by the Federal Government, State and local government agencies
establish their own rules and guidelines when granting certain
benefits. Each State may have different laws, requirements, and
determinations about what documents you need to provide to prove
eligibility for certain benefits. Whether you are applying for a
Federal, State, or local government benefit, you may need to provide
the government agency with documents that show you are covered by DED
and/or show you are authorized to work based on DED. Examples are:
(1) Your unexpired EAD that has been automatically extended, or
your EAD that has not expired;
(2) A copy of this Federal Register Notice if your EAD is
automatically extended under this Notice;
(3) A copy of your past Application for Temporary Protected Status
Notice of Action (Form I-797), if you received one from USCIS, coupled
with a copy of the Presidential Memorandum extending DED for Liberians;
and/or
(4) If there is an automatic extension of work authorization, a
print-out from the USCIS DED website that provides information on the
automatic extension.
Check with the government agency regarding which document(s) the
agency will accept. Some benefit-granting agencies use the USCIS
Systematic Alien Verification for Entitlements Program (SAVE) to
confirm the current immigration status of applicants for public
benefits. You can check the status of your SAVE verification by using
CaseCheck at the following link: https://save.uscis.gov/casecheck/,
then by clicking the ``Check Your Case'' button. CaseCheck is a free
and fast service that lets you follow the progress of your SAVE
verification using your date of birth and one immigration identifier
number. If such an agency has denied your application based solely or
in part on a SAVE response, the agency must offer you the opportunity
to appeal the decision in accordance with the agency's procedures. If
the agency has received and acted upon or will act upon a SAVE
verification and you do not believe the response is correct, you may
make an InfoPass appointment for an in-person interview at a local
USCIS office. Detailed information on how to make corrections or make
an appointment can be found at the SAVE website at http://www.uscis.gov/save, then by choosing ``For Benefit Applicants'' from
the menu on the left and then selecting ``Questions about Your
Records?''
Travel Authorization and Advance Parole
Individuals covered under DED who would like to travel outside of
the United States must apply for and receive advance parole by filing
an Application for Travel Document (Form I-131) with required fee
before departing from the United States. See 8 CFR 223.2(a). DHS has
the discretion to determine whether to grant advance parole and cannot
guarantee advance parole in all cases. In addition, possession of an
advance parole document does not guarantee that you will be permitted
to re-enter the United States, as that is a decision that will be made
by an immigration officer at the port of entry upon your return. If you
seek advance parole to travel to Liberia or to your country of last
habitual residence outside the United States, you will risk being found
ineligible to re-enter the United States under DED because the
Presidential Memorandum excludes persons ``who have voluntarily
returned to Liberia or their country of last habitual residence outside
the United States.''
Tracy Renaud,
Acting Deputy Director, U.S. Citizenship and Immigration Services.
[FR Doc. 2018-06659 Filed 3-29-18; 8:45 am]
BILLING CODE 9111-97-P